“Constitutional Adjudication, Free Expression and the Fashionable Art of Corporation-Bashing”

Marty Redish and Peter Siegal have posted this draft on SSRN (forthcoming, Texas Law Review). Here is the abstract:

Professor Redish and Mr. Siegal explain why the Supreme Court in Citizens United was correct to recognize free speech rights of profit-making corporations. They argue first that there is no rational basis on which to distinguish the First Amendment rights of media corporations from those of other corporations, noting that the Supreme Court has never drawn a distinction between the free speech rights of the media and private speakers. They further argue that vesting free speech rights in corporations furthers important First Amendment values, in particular informing the electorate and checking government.